Conveyancing - A Legal Process
Conveyancing is the legal process whereby the ownership of property is transferred from one person or entity to another.
We guide our clients through each and every phase of their property transaction to maximise their bargaining might and ensure that their legal entitlements are preserved and obligations under Contract are fulfilled. We are also mindful of the need to carry out the conveyancing process diligently so as to meet completion dates agreed between the parties.
When you retain our firm to carry out your property transaction, whether it be a purchase, sale, lease or dealing with a business, we carefully outline the work we will perform and supply you with a written disclosure of costs prior to commencing any work on your behalf. Our normal conveyancing fees are pitched at a competitive and fixed rate in line with our policies on client affordability. The kind of work that is typically involved in every property transaction is as follows:
- Perusing the Contract for the Sale of Land and negotiating its terms.
- Explaining to you the prevalent terms of the Contract
- Arranging for the ‘pre-exchange’ searches and inquiries to be carried out such as pest, building, completion (for new homes), strata and/or survey reports,
- Coordinating the conveyancing process with your financial institution advancing the loan funds.
- Arranging any First Home Owners Grants to be made on the day of settlement.
- Providing legal advice in relation to the actual execution of the Contract or rights of rescission after signing at the behest of the Real Estate Agent
- Carrying out the exchange of Contracts and closely monitoring the progress of the matter during the cooling-off period.
- Investigating the title of the property in order to ensure that it is not adversely affected by certain matters, such as proposals by government departments, illegal buildings, outstanding rates or any orders for work to be done which have not been complied with.
- Advising you as to the need for lodging a caveat on title between exchange and settlement and conferring with you as to alternative options such as "Safe Search" and "Title Insurance".
- Obtaining replies from the vendor to relevant title questions.
- Receiving checking and attending to signing of mortgage documentation and complying with your lending institutions requirements for settlement.
- Attending to stamping requirements.
- Attending to settlement and the adjustment and payment of outstanding rates.
- Arranging and overseeing registration of the title into your name
- Obtaining all necessary searches and certificates
- Liaising with you in preparing conditions for your contract for sale
- Preparing a Contract for Sale for submission to the Agent so that the property may be listed for sale
- Providing a Contract for Sale to the eventual purchaser and arranging execution by you
- Attending on you to sign the Contract and discuss its contents and consider the Capital Gains Tax, Goods and Services Tax, Land Tax, and Vendor Duty considerations, Council requirements, the Home Building Act requirements (where appropriate) the Statutory Warranties and the answers to normal questions asked by the Purchaser’s Solicitor.
- Arranging the Discharge of Mortgage
- Proceeding to exchange of Contracts and subsequent settlement.